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SPECIAL MESSAGE 


Governor of Iowa 


SEVENTEENTH GENERAL ASSEMBLY, 


COMMUNICATING REPORT OF 


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PARDONS AND REMISSIONS. 

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JANUARY 13, 1878. 


DES MOINES: 

R. P. CLARKSON, STATE PRINTER. 
1878. 


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REPORT OF PARDON'S, COMMUTATIONS, AND 
REMISSIONS. 


REPORT OF PARDONS. 


BY GOVERNOR SAMUEL J. KIRKWOOD. 

John Maxwell. January 25, 1876. Found guilty, March term, 
1875, in the district court of Polk county, of house-breaking, with in¬ 
tent to steal. Sentenced to the penitentiary for one year. Committed 
June 17, 1875. This pardon is petitioned for by the entire police 
force of Des Moines, who express doubts whether he was guilty of any 
criminal intent in entering the house. I have carefully examined the 
abstract of the testimony in the case, and have taken the opinion of 
two eminent attorneys, who agree with me that it is at least very 
doubtful whether the man was guilty of any crime other than intoxica¬ 
tion. I have pardoned him upon condition that he abstain from the 
use of intoxicating liquors, and live a quiet, orderly, industrious life. 
Failure in compliance on his part will warrant the governor, upon 
proof satisfactory to himself thereof, summarily to revoke the pardon 
and remand Maxwell to prison for the remainder of his term of sen¬ 
tence. 

T. J. Thompson. February 5, 1877. Sentenced on his plea of guil¬ 
ty to a charge of assault with intent to kill in Cedar county, and com¬ 
mitted to the Penitentiary of the State December 9, 1873, for the term 
of four years. Pardoned on recommendation of Senator Carr and 
Major Wm. G. Thompson, who was district-attorney at the time of 
conviction. The prisoner lost his arm from a wound received at the 
time of the commission of his offense. He had been imprisoned in the 
county jail and penitentiary about thirty-two months; he was young 
(only about 19 years of age) when he committed the crime ; his con¬ 
duct in prison had been exemplary. I thought he had suffered suffi_ 
cient punishment and that his release would be likely to tend to his 
reformation. 

Cornelius O Brien. February 5. Sentenced from Scott county 
1 



2 


REPORT OF PARDONS. 


|"No. la. 


on a charge of manslaughter, for thiee years. Committed to the Ad¬ 
ditional Penitentiary May, 1874. Pardoned upon petition of Senator 
Murphy, the county officials of Scott county, and the city officials of 
Davenport, and letter of District-Judge Brannan, who tried the case, 
and of District-Attorney Ellis, who prosecuted. There was some 
doubt of the sanity of the prisoner at the time the crime was commit¬ 
ted. On the whole, I thought the safety of the public sufficiently pro¬ 
tected by the punishment already inflicted, and the prospect of the re¬ 
formation of the prisoner would be increased by his release. 

George May weather. February 11. Crime, assault with in¬ 
tent to commit great bodily injury. Sentenced June, 1875, to six 
months in the county jail of Johnson county. Pardoned on petition 
signed by all the county officers, the district judge, the prosecuting 
witness, and a large number of good citizens; also that he may be used 
as a witness against a person now in prison on a charge of robbery. 

Martin L. Bernhardt. March 4. Committed to the Penitentiary 
of the State, October 15, 1871, under a sentence of the district court of 
Webster county, for a term of four years, for false pretenses, to be fol¬ 
lowed by one of six years for uttering a false and forged token. Hav¬ 
ing earned full diminution, his first term expired April 15, 1875. It 
was perfectly clear to me that the two convictions were for pre¬ 
cisely the same acts under different names and different indictments, 
and that the proof of crime in each case was identical. To permit 
him to serve out his second sentence would be, therefore,' to punish 
him twice for the same offense. 

James E. Rhodes. March 10. Committed to the Additional Pen¬ 
itentiary June 2, 1874, for the term of three years, for breaking and 
entering, in Clinton county. Pardoned in consideration of the fact 
that this was his first offense, of his youth, and of his previous good 
character. His pardon was recommended by Senator Merrell, by District- 
Attorney Ellis, and by a number of the best citizens of De Witt. 

Thomas E. Davis. March 14. Committed February 4, 1874, to the 
Penitentiary of the State for five years, for manslaughter, in Pottawat¬ 
tamie county. The prisoner had a wife and four children, from eight 
to two years of age, dependent upon him. He had been a soldier in the 
First Cavalry. His offense was committed under great provocation, and 
probably in self-defense. He had previously borne a good character, 
and had behaved well in prison. His pardon was recommended by five 
of the jurors by whom he was found guilty, by Judge Baldwin, I. P. C. 
Wagner, Senator George F. Wright, Judge Reed, and other prominent 


1877.] 


REPORT OF PARDONS. 


3 

citizens. I believing that the ends of justice had been served, he was 
pardoned. 

Alexander Kidd. April 11. Committed to the Penitentiary of 
the State from Warren county, for larceny, September 4, 1874. Term, 
three years. Kidd’s health had become quite poor, and it seemed neces¬ 
sary to release him in order to save his life, and it was by no means 
certain this would prevent death by consumption. On this ground the 
judge trying him recommended pardon; the district-attorney for the 
same reason, and also because the offense was one of ordinary larceny, 
the property taken being worth little more than $20, and there were 
no aggravating circumstances. The sheriff and his deputy, the au¬ 
ditor, the present clerk of the district court and his predecessor, during 
whose term Kidd was tried, some of the jurors, the city marshal, and 
eleven others, joined in petition for pardon. 

Michael Tierney. May 10. Committed to the Penitentiary of the 
State October 18, 1873, from Des Moines county, for five years, for lar¬ 
ceny at fire. Pardon solicited upon the grounds of sufficiency of 
punishment, of good character prior to his offense, and of a de¬ 
pendent family for whose sake his release was asked “ as soon ” as all 
good that “ could be derived ” from his imprisonment has been “ ac¬ 
complished.” Eighty-seven citizens of Wisconsin, including seven 
county officers of the county of St. Croix, petitioned for his pardon; and 
their petition was indorsed by the judge, district-attorney, clerk, and 
one of the jurors at the time of the trial, the present judge of the first ju- 
ducial district, the speaker of the house of representatives, the sheriff of 
the county, the mayor of Burlington, E. D.Rand, Hon. John C. Powers, 
Hon. A. G. Adams, Hon. Lyman Cook, Gen. Jas. I. Gilbert, and eleven 
other citizens of Burlington. Believing that the ends of justice have 
been fully accomplished, I issue pardon. 

Arden Campbell. May 24. Committed October 22, 1874, from 
Cerro Gordo county, for two years for larceny. Recommended by 
district-judge district-attorney,and eighty-five citizens of Cerro Gordo 
county, including county officers and the person from whom the money 
was stolen. 

Thomas Woodson. May 24, 1876. Committed to the Penitentiary 
of the State, October 17, 1874, for four year for manslaughter in 
Fremont county. The circumstances connected with the killing, and 
the length of time he has suffered confinement, render it, in my opin¬ 
ion, a pardonable case. The morning of the killing he went to protect 
his uncle and not to kill Barlow, and the killing was not done by lying 


4 


REPORT OF PARDONS. 


[No. la. 


in wait, but in a contest in which Woolson was the quicker and more 
fortunate. 

Archie Shearer. June 13, 1876. Committed to the Additional 
Penitentiary, January 22, 1875, for three years, for grand larceny in 
Johnson county. The reasons for his pardon are: 1st, youth; 2d, in 
my opinion he has been sufficiently punished ; 3d, his conduct has 
been exemplary ; 4th, his mother is a widow with a large family and 
needs his help; and, 5th, his pardon is strongly recommended by the 
warden and the teacher at the penitentiary. 

David Laub. July 3. Committed June 19, 1875, for six years, for 
rape in Boone county. The immediate reason for this pardon was a 
statement by the surgeon of the prison that it was necessary in order 
to save Laub’s life. There were also affidavits, by two others who 
were convicted with him, to his entire innocence. 

Philena Morrisette. July 4. Committed to the Penitentiary of 
the State October 25, 1872, for five years, for assault with intent to kill, in 
the county of Winneshiek. Her husband, who had been sentenced at 
the same time for the same offense to three years in the Penitentiary, 
had served out his sentence, and had been discharged. The prisoner’s 
mind had become affected, and there was danger of permanent loss of 
her reason. Her sentence would have expired in February, 1877, with 
full diminution. There were five young children needing her care. 
Hon. Chas. T. Granger, now circuit judge of the judicial district, was 
district-attorney at the time of the conviction, and prosecuted the 
prisoner. He recommended pardon. The present district-attorney 
approved her pardon. The petition for her pardon is signed by a large 
number of citizens in the neighborhood. In this case, and that of 
Mary Stickley, I had some doubts of the correctness of my action. It 
may be that my sympathy for these poor women and their families, and 
my desire to make some hearts glad on Centennial day, got the better 
of my judgment. 

Mary Stickley. July 4. Committed to the penitentiary October 
23, 1875, for instigating an assault with intent to kill, in the county of 
Black Hawk, for the term of nine years. This case was very difficult. 
Petitions were presented urging the pardon signed by some three or 
four hundred persons (both men and women) residing in the neighbor¬ 
hood, many of them declaring their conviction of the prisoner’s entire 
innocence of the crime of which she was convicted, and stating the ur¬ 
gent necessity of her pardon that she might care for her young children, 
whose father is dead. A remonstrance was presented from the dis- 


1877.] 


REPORT OF PARDONS. 


5 


trict judge and district-attorney and some county officers. Upon 
as careful examination of the matter as I could give it, I concluded 
the public interest would be better served by her pardon than by 
further punishment. 

Willi am Hudson. J uly 21 . Committed to the Penitentiary Septem¬ 
ber 19, 1874, for the crime of breaking and entering, in Lee county, for 
the term of three years. He was pardoned to save his life, as the war¬ 
den and physician certified to his failing health and probable speedy 
dissolution unless immediately released, and it was doubtful if that 
would save him. 

Charles Miller. August 9. Sentenced to the county jail of Decatur 
county, for eight months, for two offenses of larceny. His health* was 
very much impaired from confinement during the month of August in 
the poorly ventilated rooms of the jail. As he had only two months 
yet to remain in prison, it was believed he was sufficiently punished. 
The pardon was asked for by the sheriff, recorder, and auditor of the 
county, and Messrs. W. H. Robb, S. Penniwell, E. H. Curry, and one 
hundred and fifty four “ other citizens of Decatur county,” at about the 
time his imprisonment began. When released, it was upon the recom¬ 
mendation and at the instance of the district-attorney, backed by a 
statement from Drs. Finley, McClelland, and Hildreth, of Leon, in re¬ 
gard to Miller’s physical condition. 

Henry Saint Clair. August 19. Committed to the Penitentiary 
September 20, 1875, for two offenses of burglary in Mills county, and 
sentenced one year for each offense. The pardon is recommended 
in view of the small amount taken, the peculiar circumstances of the 
crime, his youth, the time he has been confined both in jail and peni¬ 
tentiary, and his good behavior during his confinement in prison ; and 
upon the favorable report of his character and conduct, before he com¬ 
mitted the offense, by his former employers, and upon the representa¬ 
tions made by persons living in the neighborhood where the crime 
was committed, including the district-attorney by whom he was pros¬ 
ecuted, the district-judge before whom he was tried, and several of the 
jurors by whom he was found guilty. 

Franklin Linehart. September 8. Committed to the Penitentiary, 
May 13, 1867, under a sentence of the district court of the county of 
Clayton, for the crime of murder in the second degree. Sentence, 
imprisonment for life. He had served nine years, and his conduct 
during that time was unexceptionable. There was some doubt of his 
guilt, and his earlier life, I was led to believe, had been an orderly 


6 


REFORT OF PARDONS. 


fNo. la. 


one. He had served in the army of the Union, and seems there to 
have acquired habits of intoxication, which had got him into the diffi¬ 
culty that brought about his imprisonment. Pardon recommended by 
L. Bullis, J. Matthews, J. P., Judge Burt, and others, and by the prison 
officers. 

John Martinson. September 19. Committed to the Additional 
Penitentiary December 16, 1873, by the district court of Allamakee 
county, for the crime of manslaughter, for a term of five years. Mar¬ 
tinson was endeavoring to preserve order at a masked ball, and prevent 
those entering who, though not entitled to, were trying to force their 
way into the hall. The crime was committed under the heat of passion, 
and-he is now truly and sincerely penitent. Pardon recommended by 
nine of the jurors who tried the case, the other three being dead ; by 
the ex clerk and present clerk, auditor, and sheriff of the county, and 
by the district-attorney, the circuit judge, and other citizens. 

James A. Bryan. October 13. Committed to the Additional Peni¬ 
tentiary July 15, 1874, for three years for the crime of embezzlement of 
public money, in Jackson county. This is a contested case, petitions 
and remonstrances both being presented. The petitioners are much 
the more numerous. Of the jury that convicted Bryan, ten petition 
for his pardon. Hon. Lyman A. Ellis, district attorney by whom he 
was prosecuted, recommends it, as does Hon. G. W. Trumbull by letter. 
A letter from the warden shows that, counting the days Bryan has 
been imprisoned by the number of days’ labor performed at ten hours 
per day, he had at the date of his pardon performed labor to the amount 
of eighteen days in excess of his sentence, less the commutation thereof 
contemplated by law. This pardon does not affect a tine imposed on 
him as a part of the sentence for his offense. 

D. C. Foster. October 25. Convicted March 9, 1873, by district 
court, and sentenced to fine of one dollar, and costs of suit taxed at 
$209.25, and imprisonment in the Mahaska county jail at hard labor for 
six months, for the crime of obtaining money under false pretenses. 
This pardon is granted upon condition that if Foster shall, at any time 
during the period for which he was sentenced to imprisonment, be 
charged with a violation of the criminal law of the State in any partic¬ 
ular, and the governor of the State shall be satisfied that said charge 
is true, then and in that case said Foster shall be liable to arrest upon 
the certificate and warrant of the governor, to confinement in the county 
jail of Mahaska for the full term of his sentence, and to the payment 
of the fine and costs imposed against him, in the same manner as if this 
pardon had not been granted. 


1877.] 


REPORT OF PARDONS. 


7 


Charles Rolland. November 7. Committed to the reform school 
November 25, 1874. Offense, disturbing public peace, in Scott county. 
This boy’s father is solicitous for his discharge. His offense has 
certainly been sufficiently expiated, and it seems to me that the in¬ 
fluences of home might be more beneficial than those of the Reform 
School. 

Henry P. Morphy. November 13. Committed to the Penitentiary 
from Louisa county April 17, 1871, for twenty years, for the crime of 
murder in the second degree. Judge Tracy, who sentenced Morphy, 
says that while he was clearly guilty of the offense for which he was 
convicted, he (T.) is of the opinion that Morphy Has been sufficiently 
punished, and therefore prays that pardon be granted. Judge New¬ 
man, now district-judge, finds that the prevailing feeling is that the man 
was too severely dealt with, and he should be pardoned. He is satis¬ 
fied that Morphy has been sufficiently punished and the law vindi¬ 
cated, and unites in recommending pardon. Mr. D. N. Sprague, now 
district-attorney, says the murder always seemed to him an accident, 
and he has never been satisfied that Watt (the victim) would not have 
recovered under careful treatment. Hon. Albert Ellis, former repre¬ 
sentative, now sheriff of Louisa county, does not hesitate to say Mor¬ 
phy ought to be released ; knows he could obtain the names of all the 
leading citizens of the county for his pardon. Three of the trial- 
jurors say that the facts, while establishing that Watts died from the 
wound given him by Murphy, yet show that if he had had careful 
medical treatment he might have recovered; and they favor pardon. 
C. W. Cilley, grand juror, believes Morphy has already been sufficiently 
punished, and asks, “as an act of common humanity,” that he be par¬ 
doned. Morphy says that he has three children in Fulton County, Illi¬ 
nois, with no one to provide for their support, and knows that were 
he to be released his future would justify the clemency now prayed 
for. Pardoned on condition that, should he during the term of his 
sentence become intoxicated, he may be rearrested and pardon revoked. 

Charles Squires. November 13. Committed to the Penitentiary 
February 25, 1876, from Lee county, for larceny, for three years. His 
conduct was good while in prison. It was represented to me, by Hon. 
Barbour Lewis, and Messrs. Bernard McMahon and T. McGeoy, of 
Memphis, Tennessee, as well as by a former mayor of that city, where 
Squires appears to have once resided, that he was there regarded as 
entirely honest and upright, and that he had commended himself to 
general favor in that city by an exhibition of personal bravery in a case 


8 


REPORT OF PARDONS. 


[No. la. 


of great emergency. Pardoned on condition of his leaving the State 
and remaining permanently out of it. Should he return he may be re¬ 
arrested by order of the governor or other authority. 

Robert W. Pool. November 13. Sentenced by the district court 
of Scott county, on the 18th day of May, 1876, for the term of one 
year in the Penitentiary, which sentence was commuted (June 13) to 
imprisonment for the same time in the county jail. Crime, embezzle¬ 
ment. It was represented that his offense was committed while Pool 
was under the influence of liquor; that he had never before been 
accused of crime; that he had a wife and four children; that he served 
three years in the army during the war, losing a leg in the service; 
that he had conducted himself in an exemplary manner in jail and in 
aiding the sheriff; and that he had an offer of permanent employment 
if discharged. Pardon was recommended by district-judge, district- 
attorney, sheriff, clerk, recorder, and auditor of county, Hon. John W. 
Green, Hon. J. C. Bills, and W. A. Lynch. 

Frederick and Julius Ziebart. November 21. Frederick was com¬ 
mitted to the Penitentiary of the State March 3, 1873, from Floyd 
county, for the term of eighteen years, for the crime of murder. Age 
when committed eighteen years. His conduct good in Penitentiary. 
Julius was committed January 14, 1874, from same county, crime 
manslaughter; term four years; when committed twenty-two years; con¬ 
duct in prison good. 

They were Germans and could talk little English. They were set upon 
by boys in the street and pursued several blocks. The marshal, who 
was the person killed, rushed into the mob and appeared to the accused 
to be one of the crowd. The petition for pardon was signed by three 
hundred and twenty-six citizens of Charles City including the mayor, 
and by the judges, the grand and petit jurors, and four county super¬ 
visors. 

Thomas McCabe. November 21. Sentenced to the Penitentiary on 
the 10th day of October, 1870, from the county of Keokuk, for the term 
of twelve years, and to pay costs of suit, taxed at $259.60. Crime, 
murder in the second degree. There had been an old family feud be¬ 
tween the families, and in a fight the crime was committed. In his fa¬ 
vor it was stated that he was sixty-one years old; that his conduct had 
always been exemplary, and this was the first charge ever brought 
against him; that he had shown himself while imprisoned of a mild and 
tractable disposition; and that two important witnesses in his be¬ 
half had been “run off” to prevent their giving testimony in his 


1877.] 


REPORT OF. PARDONS. 


9 


vor and that he then plead guilty to murder in the second degree. 
Judge Sampson, (before whom McCabe had been tried,) the circuit 
judge, the deputy warden, Hon. Wm. H. Seevers, of Mahaska county, 
and the sheriff and two hundred and ninety-eight other citizens of 
Keokuk county, recommended the pardon. 

Glen Abrams. Nov. 27. Sentenced November 22, 1876, to ten 
days in Johnson county jail for disorderly conduct. Pardoned at re¬ 
quest of Henry Vanderlip, C. T. Estabrook, William Sherlock, and 
sixty-one other citizens of Oxford, Johnson county, on condition of 
paying costs. 

Jacob C. Snyder.* December 6. Sentenced to the Penitentiary 
by Cass county district-court, on the 9th day of September, 1876, for 
the term of six months. Crime, burglary. Committed September 13. 
This pardon is granted on condition that if Snyder shall be found 
intoxicated within one year, pardon shall be null and void, and he may 
be remanded to the penitentiary by order of the governor to serve out 
the balance of his sentence. The pardon is recommended by the dis¬ 
trict-attorney who prosecuted him: “the ends of justice” having been 
“ subserved.” Petition for pardon was signed by seven of the jurors 
who convicted him, the deputy clerk, the county treasurer, the sheriff 
and deputy, the city marshal and fifty-one other persons. 

Joseph Williams. December 6. Clarke county. Convicted of lar¬ 
ceny at November term, 1876, and sentenced for atermof three months 
in the Penitentiary. He is crippled and deformed. His moral charac¬ 
ter and reputation for honesty heretofore have been good, but his mind 
partakes of the imbecility of his body, making him scarcely accountable 
for his actions. Pardon asked for by John Chaney, M. L. Temple, S. 
P. Ayres, Stuart Bros., the county auditor, the county recorder, nine of 
the trial jury, and one hundred and sixty-two other citizens of the 
county, the district-attorney, and the treasurer of state. 

Richard M. Jeffries. December 22. Committed to the Additional 
Penitentiary May 1, 1876, from Cedar county, for the crime of forging 
an order of twenty-five dollars. Term, one and a half years. All the 
testimony in the case was the evidence taken before the grand jury. By 
the advice of his counsel he plead guilty, although holding out in con¬ 
versation to the last that he was innocent, but was not able to prove 
the same, and by advice threw himself on the mercy of the court. He 
always bore a good character previous to this alleged crime, and his 
conduct during his confinement has been unexceptionable. Pardon 
recommended by the district judge and district-attorney, ex-sheriff 
2 


10 


REPORT OF PARDONS. 


[No. la. 


Shearer, and twenty-six citizens. Warden Martin says his health is 
bad. 

Edward Wells. December 22. Sentenced to the Penitentiary from 
Page county October 7, 1873, for eleven years, for assault with intent 
to commit rape. Pardon recommended by Judge Forrey who pre¬ 
sided at his trial, by district atomey Laughlin, who prosecuted him, 
and by the county recorder, sheriff, auditor, and treasurer, Messrs. T. 
E. Clark, Geo. H. Powers, John R. Morledge, W. W. Morsman, Wm. 
McLean, N. B. Moore, Raymond Loranz, Dr. P. W. Lewellen, the post¬ 
master at Clarinda,and fourteen other residents of the county in which 
the crime was committed. 

Thomas N. Porter. December 22. Sentenced to the Penitentiary 
September 2, 1872, from Madison county for eight years and fined one 
hundred dollars. Crime, manslaughter. Porter was twice tried and con¬ 
victed, the first judgment against him having been set aside and new 
trial ordered. The time he has been imprisoned on both convictions 
makes nearly or quite the maximum punishment allowed by law for the 
crime of which he was finally convicted, ard more than such maxi¬ 
mum less the diminution good conduct earns. He has moreover been 
considered to be of unsound mind. 

Jasper Bannick. December 22. Committed to the Penitentiary 
March 30, 1869, for a term of ten years. Crime, murder. Conduct 
during his confinement, very good. The pardon is strongly urged 
by the district-attorney who prosecuted the case. He says that Ban- 
nick, in a fit of uncontrollable rage, stabbed his brother with a large 
knife just under the armpit, severing an artery, death following in a 
few minutes. He (the district-attorney) doubts whether Bannick 
should not have gone to the hospital for the insane. The senator 
from Iowa county also recommend the pardon. Bannick has two 
daughters who need his help. I am entirely satisfied the case is 
a meritorious one. 

James Carr and Thomas Brown. December 22. Sentenced to the 
Additional Penitentiary at the November term, 1875, of the district 
court of Linn county, for two years, for robbery. The judge by whom 
they were sentenced recommends pardon on the ground that the sen¬ 
tence was too severe. Pardon is also recommended by the district- 
judge and district-attorney who tried the prisoners, and Hon. Isaac M. 
Preston. They were committed to the penitentiary Nov. 5, 1875. 

Richard D. Arthur. January 4, 1877. Committed to the Peniten¬ 
tiary, December 2, 1872, from Fayette county, for the term of ten 


1877.] 


EE PORT OF PARDONS. 


11 


years, for larceny. His pardon is asked by over one hundred citizens 
of the county, some of whom are personally known to me. His mother 
is old and poor, and is charged with the care of an invalid daughter, 
the prisoner’s sister. Notice was given by the publication of the ap¬ 
plication for pardon, and no remonstrance has come from any quarter. 
The prisoner is more than usually intelligent and capable. If he has 
reformed, as is hoped, the public welfare is better served by having him 
free. If he has not reformed, he can be returned to prison and com¬ 
pelled to serve out his time. His pardon is strictly conditioned on his 
good behavior. 

Charles Udell. January 5. Committed to the Penitentiary Decem¬ 
ber 5, 1868, from Jasper county, for the term of ten years, for bur¬ 
glary—robbing the county safe. His conduct has been good while in 
prison. This pardon is granted on condition that, within ten days 
from the date of his release, he shall depart from the State and remain 
permanently without the same, on pain, should he return thereto, of 
being rearrested summarily, and confined in the Penitentiary for the 
remainder of the term of his sentence. 

Wm. R. Reynolds. January 6. Convicted March 11, 1876, in Dela¬ 
ware county, on his own plea of guilty. Crime, larceny. Sentenced 
for the term of one year and nine months, to Additional Penitentiary. 
His conduct has been unexceptionable while in the penitentiary. The 
theft was committed to obtain money to save his team which was 
under mortgage, and which team was his only means of support. Was 
in jail and penitentiary in all about eleven months. Pardon recom¬ 
mended by A. S. Blair, George H. Hartson, David Rogers, (prosecuting 
witness,) and fifty-seven other citizens of Delaware county, as well as 
very heartily by the warden. Pardon conditioned upon good behavior. 

Martin McNamara. January 13. He was convicted on the 1st 
day of June, 1875, in Fayette county. Sentenced for ten years, for 
rape, and committed to the Penitentiary of the State June 8. Pardon 
recommended by Judge Noble, trial judge, District-Attorney Clark, 
Senator Stoneman, Henderson, the prosecuting witness, five of the 
jurors, all the county officers, nearly all the bar, and many of the most 
prominent citizens of the county. 

Eugene and Max Wahrer. January 30. Sentenced to the Peniten¬ 
tiary February 4, 1873, for the term of eight years, for the crime of 
manslaughter. They were confined in jail about seven months before 
trial, and have been in the penitentiary about four years. When sen¬ 
tenced, Eugene was about fifteen years old, and Max about eleven. 


12 


REPORT OF PARDONS. 


[No. la. 


They were convicted of killing their mother. The family lived to¬ 
gether very unhappily. The father and mother quarreled frequently 
and violently, the boys siding mostly with the father. The mother 
had abandoned her home, and been absent several months. She re¬ 
turned there on the day before the crime w r as committed, while the 
father was absent, and during that night or next morning was killed 
in a quarrel, as the verdict of manslaughter shows. The crime of kill¬ 
ing a mother is so abhorrent to all our better natures that at first I 
could scarcely consent to consider the case ; but such consideration 
has resulted in the pardon of the criminals. The controlling reasons 
for the pardon are: first, the degree of punishment already suffered ; 
second, the finding of the jury (manslaughter) showing the killing to 
have been without malice or premeditation; and, third, the extreme 
youth of the prisoners at the time the crime was committed. I think 
enough has been done, in the way of the punishment of the offenders 
and of example to others, and that the most important consideration 
now, is the future of the prisoners. If it is desirable they should have 
a chance to become good men and useful citizens, it seems to me they 
should not not be kept where they are. The health of one is said to 
be suffering, and the mind of the other threatened. For these reasons 
they are pardoned. The pardon is strongly recommended by Judge 
Tracy, who tried the case, by some of the jurors, by Judge Beck, of 
the supreme court, by Hon. Ed. Johnstone, Hon. W. C. Hobbs, Hon. 
John H. Gear, Hon. Lyman Cook, Theodore Guelich, Hon. Daniel F. 
Miller, Hon. H. W. Rothert, Frank Hatton, Rev. C. P. Reynolds, and 
many others of the most prominent citizens of Lee and Des Moines 
counties. 

Elias James. January 31. Sentenced at the fall term of the district- 
court of Warren county, in 1875, to the Penitentiary, for the term of 
one year and six months, for assault with attempt to murder, and com¬ 
mitted thereto January 18, 1876. The petition is signed by Judge 
Leonard, who tried, and District-Attorney Smith, who prosecuted, the 
case; also by the sheriff, clerk, and all or nearly all the bar of the 
county where the crime was committed. 


1877.] 


REPORT OF PARDONS. 


13 


BY GOV. JOSHUA G. NEWBOLD. 

Isaac Lytle. February 2. Crime, obtaining money under false pre¬ 
tenses. Convicted at the October term, 1876, of the district court of Scott 
county. Sentence, Additional Penitentiary for fifteen months. Commit¬ 
ted October 16, 1876. Pardoned, on the recommendation of the judge, 
district-attorney, clerk of the court, sherilf of the county, about one- 
third of the jurors in the case, and many of the citizens of Davenport. 
The district-attorney says : “ I believe his conviction was wrong.” The 
prosecuting witness says : “ I believe that justice in Lytle’s case is now 
“ amply satisSed.” It also appeared that he had previously borne a 
good reputation, which was testified to by many prominent citizens of 
Bellefonte, Pennsylvania, and if guilty that it was his first offense. 

Alva Hill. February 26. Crime, larceny. Sentence, penitentiary 
for the term of fifteen months. Convicted at the January term, 1876, 
of the Cass county district court, and committed February 1 , 1876. 
Pardoned nine days before the expiration of his term, on the recom¬ 
mendation of the warden and physician of the Penitentiary. Says the 
latter, “Alva Hill was consumptive when brought here. He now lies 
“ very sick with typhoid fever and erysipelas, with little hope for re- 
“ covery. The small chance for his recovery dwindles down to none 
“ at all, if he has to remain here. If removed there is a little hope!” 
The warden says, “ his behavior while here has been good. We hope 
“ a pardon will be granted.” 

The physician’s fears proved to be well founded. Hill died two 
days after reaching home. 

John Raymond. March 24. Committed to the Penitentiary of the 
State October 2, 1876. Sentenced at the September term, 1876, of the 
district court of Mills county, for the crime of larceny. Term, one 
year. The district-judge who tried the case, the warden, and the chap¬ 
lain of the penitentiary recommend pardon. The warden says, “He 
“has served out about one-half of his time, has been a good and obedi¬ 
ent boy, always faithful and industrious;” and the chaplain concurs 
by saying, “If pardoned, and allowed to go home with his father to 
“Massachusetts, I have no doubt of his reformation, and that he will 
“make a good citizen.” I am satisfied, from the statements of the 
young man’s father, that he had, prior to this offense, been a boy of 
good character. 


14 


REPORT OF PARDONS. 


[No. la. 


John McLaughlin. April 2. Sentenced at the January term, 1877, 
of the district court of Johnson county, for the term of three years, in 
the Additional Penitentiary, for rape. The sentence was commuted by 
Governor Kirkwood January 30, 1877, to six months’ imprisonment in 
the county jail of Johnson county. Pardoned on recommendation of 
Senator Kiikwood, Hon. John P. Irish, Hon. Rush Clark, Dr. Pryce, 
and many other citizens of Iowa City. They represent that he was 
suffering with rheumatism, induced by being confined within the damp 
walls of the jail. Dr. Pryce says, “I consider him in a very critical 
“condition, and his life endangered unless removed to better and dryer 
“quarters.” The pardon is granted to save life or prevent permanent 
disability. 

Thomas M. Hunt. April 25. Crime, larceny. Convicted at the 
March term, 1875, of the district court of Buchanan county, and sen¬ 
tenced October 1, 1875, to imprisonment in the Additional Peniten¬ 
tiary, for one year and six months. Pardoned on recommendation of 
Judges Adams, Rothrock, and Seevers ; also, on a petition signed by 
nine members of the Buchanan county bar, and one numerously signed 
by the citizens of said county. The petition for pardon was mainly 
based on affidavits of newly discovered evidence, which, if genuine, 
were sufficient, in the opinion of some of the judges of the supreme 
court, to acquit Hunt could they be used. I have become satisfied of 
the genuineness of the affidavits, and have concluded therefore to 
grant the pardon, especially as I do not think the case originally a 
strong one. 

John Allen. May 30. Crime, burglary. Convicted at the Febru¬ 
ary term, 1872, of the Lee county district court. Sentence, Peniten¬ 
tiary for the term of five years. Committed February, 1872. Allen is 
entitled to diminution from his sentence for good behavior. His term 
will expire June 24. Pardoned upon recommendation of the warden 
and chaplain of the Penitentiary. They say, “ He is one of our best 
“ prisoners, was unfortunate, had his thigh badly shattered by the 
“ bursting of a grindstone, which has permanently crippled him. He has 
“cheerfully obeyed all the rules of the prison. We certainly think he 
“ ought to be pardoned a month at least before the expiration of his 
“ time.” I think his punishment has been sufficient, and that the ends 
of justice, under all the circumstances, have been fully satisfied. 

Quincy D. Whitman. July 3. Crime, manslaughter; of which he 
was convicted at the June term, 1875, of the district court of Union 
county. Sentence, confinement at hard labor in the penitentiary of the 


1877.] 


REPORT OF PARDONS. 


15 


state, for a term of seven years. Committed June 18, 1875. Pardoned 
on the recommendation of the judge and district-attorney who tried the 
case, and about three hundred citizens of Union county. The petitions 
for pardon were based principally on the ground of previous good 
character, and subsequently discovered testimony mitigating his crimi¬ 
nality. Says the district attorney : “ Considering the time he has been 
“ in prison, his age, and the indorsement of his neighbors of his standing, 
“and the good name he has borne as a citizen and a soldier during the 
“ war, I heartily indorse the application for his pardon.” The warden of 
the penitentiary says, “ Whitman’s character and conduct here have been 
“the very best. He goes about his work much more as if he were a 
“ free man than a convict; he works outside the prison-walls, and alone. 
“I have no fears of an attempt to escape. He needs no watching.” 
Considering his well-known peaceable character, his subsequent good 
conduct, the circumstances under which the crime was committed, and 
the punishment already suffered, I think the ends of justice have been 
fully attained. 

James Crawford. July 19. Crime, larceny. Sentence, peniten¬ 
tiary for eight years. Convicted at the November term, 1874, of the 
district court of Clinton county. Committed November 18, 1874. On 
account of insanity be was transferred March 28, 1877, from the peni¬ 
tentiary of the state to the hospital for the insane at Mount Pleasant. 
Pardoned on petition of the Hon. Henry W. Rothert, president pro 
tem. of the Senate, and of the brother of the said James Crawford. 
Pardon granted upon the express condition that the said James Craw¬ 
ford be taken by his friends from the state immediately upon his re¬ 
lease, and that he remain beyond its limits, until the expiration of the 
term of his sentence. [At the time of his release, he was taken in 
charge by his brother and removed at once to his friends in Cincinnati, 
Ohio.] 

Franklin P. Towle. July 30. Crime, larceny; sentence Peni¬ 
tentiary for six months. Convicted at the September term, 1876, of the 
Muscatine county District court. At the same term of said court, he 
was convicted of the crime uttering and publishing as true a certain 
false and fraudulent note for which he was sentenced to the Penitentiary 
for the term of one year, which term he has served out in full. Par¬ 
doned for the second term of six months, on recommendation of the 
‘district-judge, the district-attorney, the sheriff, the clerk of the district 
court, and the county recorder. The county auditor and the clerk of 
district court say, that they “ were acquainted with said Towle, when 


16 


REPORT OF PARDONS. 


No. la. 


“ he was a citizen of Muscatine, and previous to the commission of this 
« offense ; that his standing was good and he had the respect of all 
“ who knew him. He was gentlemanly in all his deportment to those 
“with whom he had business.” The warden says, “His conduct 
« in the prison has been excellent. He has cheerfully conformed to all 
“ the rules and regulations of the prison.” 

John W. Clark. September 19. Crime, larceny; sentence, Peni¬ 
tentiary for three years. Convicted at the November term, 1875, of 
the district court ot Marshall county. Committed to the Penitentiary 
of the State December 4,1875. Those requesting his pardon represent 
that he is very sick and has been so since his imprisonment began. The 
penitentiary physician says, “ Clark has consumption; that he is 
“growing weaker every day; and that if he remains in the penitentiary 
“his case will terminate fatally; but that there is a great chance for 
“ prolongation of his life outside of the prison.” The pardon is con¬ 
ditional: Said Clark is in no case (during the term for which he was 
sentenced) to become a county charge, and the stipulations of a bond 
entered into by Joseph and Edward Clark, binding themselves in the 
penal sum of two hundred and fifty dollars, of date September 14, 
1877, to hold the State of Iowa and the county of Mahaska harmless 
from all costs and expenses in keeping and caring for said Clark so 
long as he shall need aid, shall be fully complied with. 

John Mahany. October 2. Crime, manslaughter. Sentence, im¬ 
prisonment in the Additional Penitentiary for six years. Convicted at 
the September terra, 1875, of the district court of Tama county. Com¬ 
mitted October 2, 1875. Pardoned on recommendation of the judge 
and district-attorney who tried the case; also, on a petition signed by 
one hundred and twenty citizens of Tama county, which includes the 
names of the county officers and a majority of the attorneys of Tama 
county. The charge was for shooting and killing one Gus Young. 
The petitioners say, “We have always been and still are convinced that 
“said Mahany did not intend to shoot Young, or any one else, but was 
“ careless in handling the pistol and accidentally killed Young.” Con¬ 
sidering the doubt as to intentional criminality, and that he had pre¬ 
viously borne a fair reputation, and that during his imprisonment his 
conduct has been excellent, pardon is granted, on condition that he 
abstain from the use of intoxicating liquors, in which he formerly 
indulged. 


1877.] 


REPORT OF PARDONS. 


17 


T. S. Egglesht. October 16. Crime, forgery. Sentence peniten¬ 
tiary for the term of five years. Convicted at the October term, 1874, 
of the Scott county district-court. Pardon was solicited upon the 
grounds of sufficiency of punishment, of good conduct while in prison, 
and that he had an aged father and mother, and a sister, dependent upon 
him for support. His pardon was recommended by the trial judge, the 
district attorney who prosecuted, Hon. S. H. Craig, warden of the pen¬ 
itentiary, Harvey Leonard, sheriff of Scott county, Hon. J. H. Murphy, 
state senator, Hon. John W. Green, E. S. Carl, Cashier Citizens’ Na¬ 
tional Bank of Davenport, Messrs. Dow, Gilman & Hancock, and 
Messrs. Koehler & Lange, whose names were forged by Egglesht, 
J. J. Richardson, of the Daily Democrat , Edward Russell, and Geo. 
H. Ballou, editors of the Gazette, with about sixty of the leading profes¬ 
sional and business men of Davenport. Lion. J. M. Beck, judge of the 
supreme court, says: “ The application, on account of the character of 
“ the petitioners, in my judgment is entitled to proper consideration.” E. 
S. Carl says: “I caused the arrest of T. S. Egglesht,in February, 1874, 
“ being at that time the teller of the First National Bank of this city. I 
“know, of my own knowledge, that there was no loss sustained by any 
“ one on account of the forgeries, the amount being recovered back in the 
“ only instance in which money was paid.” Hon. J. H.Murphy says: “I 
“ most cheerfully recommend pardon, as I feel that the law has been 
“ vindicated, and he has received punishment enough.” Sheriff Leon¬ 
ard says: “ I am acquainted with Egglesht’s parents and sister, and be- 
“ lieve them to be honorable people. I am informed that they are in 
“ need of the assistance which he can give them. Considering that his 
“forgery did not occasion loss to any one, and further considering his 
“age, which is stated to me to be but ^7 years at the present time, and 
“ that he has been confined for more than three years, it would be a 
“ pleasure to me to know of his being restored to his family, and given 
« an opportunity of reclaiming a character, blighted by evil associates in 
“ his youth.” Messrs. Dow, Gilman & Hancock, and Messrs. Koehler 
“& Lange, say: “We, the business men of the city of Davenport, 
« whose names were forged byT. S. Egglesht, in February, 1874, having 
«learned of the uniform good conduct of said Egglesht during his in- 
« carceration in prison, and that aged parents, as represented to us, are 
“ dependent upon him for support in their declining years, and as we lost 
“nothing financially by the forgeries, and hoping the punishment 
« already received by him will be sufficient to induce him to live right in 
“the future, we recommend pardon.” The petitioners say: “ We con- 
2 


18 


REPORT OF PARDONS. 


[No. la. 


“ cur in the recommendation contained in the letters written by our fel- 
“ low-citizens, E. S. Carl, Esq., Messrs. Dow, Gilman & Hancock, and 
“ Koehler & Lange, sheriff Leonard and others, in relation to the par- 
“ don of said Egglesht.” Pardon is granted in this case for the reasons 
set forth by the petitioners. 

Joseph Condon. November 3. Crime, assault with intent to com¬ 
mit murder. Sentence, penitentiary for the term of three years. Con¬ 
victed .July 12, 1876, in the district-court of Boone county. Commit¬ 
ted to the penitentiary, August 2, 1876. A petition, signed by about 
one hundred and fifty citizens of Boone county, solicited pardon on 
the ground of sufficient punishment. The trial judge concurred with 
the petitioners. Pardon in this case was granted solely to save Con¬ 
don’s life, or prevent him from becoming an invalid. The penitentiary 
physician says, “October 14, 1877: I think it my duty to inform you, 
“that the disease of Joseph Condon has lately so much and rapidly in- 
“ creased, that if not removed from here soon he will become perma- 
“ nently a miserable invalid, and in all probability will soon die.” 

James Admire. November 28. Crime, larceny. Committed to 
the penitentiary of the state on the 15th day of April, 1874, by rea¬ 
son of a judgment of the district-court of the county of Polk, dated 
the 13th day of April, 1874, for the term of eight years. The trial 
judge says, “I had some doubt as to Admire’s guilt.” Gen. Given 
says, “ As district-attorney, I prosecuted the case. Admire was a 
“-stranger, was in very bad company, and was tried when the city was 
“ rife with crime. These facts had more to do with his conviction and 
“ sentence than any confidence in the evidence of guilt. I will add, 
“ that after a careful review of the testimony, I am led to believe, not 
“ only that he was not proven guilty, but, in fact, was not guilty, and 
“ therefore I hope he may be released.” My predecessor, wffio had 
given this case considerable attention, expressed doubts as to his guilt. 
After a careful examination of the testimony, I am satisfied that Ad¬ 
mire was not guilty of the crime charged. 

John Dubois. December 19. Sentenced at the August term of 
the Delaware district-court to imprisonment in the county jail for five 
months, and to pay a fine of $25, for cheating by false pretenses. 
Petition for pardon was signed by five county officers, Hon. J. M. 
Brayton, Col. J. H. Peters, attorney for prosecution, the mayor, re¬ 
corder, and postmaster of Manchester, Col. S. G. Van Anda, Hon. Al¬ 
bert Boomer, and thirty other residents of Delaware county. The 
prisoner’s previous good character, his family’s needs, the condition of 


1877.] 


REPORT OF PARDONS. 


19 


his business, and the belief that, situated as he was, he had been pun¬ 
ished sufficiently, combined with the district-judge and district-attor¬ 
ney’s recommendation, induced me to order his release. 

George Bowman. January 15, 1878. Crime, seduction. Sen¬ 
tence, penitentiary for the term of eighteen months. Convicted at the 
October term, 1875, of the Poweshiek county district-court. Pardon 
was recommended by many good men of Poweshiek county, on the 
grounds of his good character prior to this charge, and newly discov¬ 
ered evidence, which is somewhat mitigating. There was considerable 
opposition to his pardon, but recently it has mainly been withdrawn. 
The young man, I think, has been punished sufficiently for the crime 
committed. 


COMMUTATIONS. 

John McLaughlin. January 30, 1877. Sentenced on the 9th day 
of January, 1875, for the term of three years for the crime of assault 
with intent to commit rape. The sentence is commuted to six 
months in the county jail of Johnson county, at such labor, if any, as 
the sheriff may find him able to perform, and such as he can be re¬ 
quired to perform, consistently with his safe keeping. This commuta¬ 
tion is wanted because of his age (he is quite an old man) and because 
a full pardon is asked by Judge Rothrock, before whom he was tried) 
by twelve of the grand jurors who found the indictment on which he 
was tried; by eight of the petit jurors who convicted him; by the 
county officers; and by many citizens. 

Patrick Whittle. February 13. Crime, manslaughter. Con¬ 
victed at the September term, 1876, of the district court of the county 
of Clayton. Sentenced to imprisonment in the additional peniten¬ 
tiary for the term of five years. The sentence of the district court is 
commuted from five to four years. Such commuted period of one year 
to commence from the filing of a certain bond with good and sufficient 
surety, conditioned, that, at the expiration of one year, the said Whit¬ 
tle shall report himself to the warden of said penitentiary unless pre¬ 
vented by death, for the infliction of the remainder of the punishment 
ordered by the court, without any expense to the state or Clayton 
county. The reason for commuting the sentence is, that the petition¬ 
ers represent that the said Patrick Whittle is in the last stage of con- 


20 


REPORT OF PARDONS. 


[No. 1 a- 


sumption, and growing worse, and in the opinion of the physicians 
cannot live more than a few months at most. 

[It is proper to say that up to the time of submitting this message 
the required bond has not been filed.] 

Mathew R. Farris. February 27. Crime, forgery. Sentenced to 
the penitentiary for three years. Convicted at the October term, 1871 
of the district court of Buchanan county. Commuted February 27, 
1877, to six months, on petition of George W. Pooler, I. A. Stoddard, 
D. J. Carpenter, and other residents and citizens of the county, and 
ten of the jurors, concurred in by Judges C. C. Cole and W. E. Miller 
(late of the supreme court). Judges Cole and Miller say: “Under 
“the rules of practice in the supreme court, we could not di>turb the 
“judgment or reverse the verdict of the jury, but we were of the opin 
“ ion that the evidence was so manifestly insufficient to sustain the ver- 
“ diet that it ought to be set aside. The case was in our court for 
“ some time, and was then affirmed. We do not believe that Mr. Farris 
“ ought to have been sent to the penitentiary, or that he ought now to be 
“kept there upon the evidence as it was presented to us.” The district- 
attorney says: “I think Farris guilty, but after six months or a year 
“ it would be well to let him out.” It is represented by the petitioners 
that Farris always bore a good character previous to this alleged crime; 
that he was an industrious man; and that he has a wife and child 
dependent upon him for support. In the light of circumstances which 
have transpired since his trial I think there is a doubt as to his guilt. 

John Murry. February 28, 1877. Crime, larceny. Convicted at 
the February term of the district court of Scott county. Sentence, 
penitentiary for nine months. Commuted February 28, 1877, to im 
prisonment in the county jail of Scott county for nine months on 
recommendation of the district judge, district-attorney, the chief of 
police of the city of Davenport, the clerk of the district court, sheriff 
of Scott county, the prosecuting witness, and Hon. John W. Green* 
They represent that John Murry is only seventeen years old; that he 
has been led into the commission of the offense by bad associations; 
that his family connections ought to lead him to a reformation, that 
will not probably ensue if he is incarcerated in the penitentiary. I 
have no doubt a change in the sentence will have a salutary influence 
and that the ends of justice will be fully satisfied. 

William ‘McIntyre. August 8. Crime, assault with intent to 
commit rape. Sentence, penitentiary for two years, and to pay the 
costs of prosecution, taxed at three hundred and thirty dollars and 


1877.] 


REPORT OF PARDONS. 


21 


ninety-three cents. Convicted at the November term, 1876, of the 
district court of Cedar county. Committed to the additional peniten¬ 
tiary, December 11, 1876. Sentence commuted to one year. Numer¬ 
ous petitions were presented requesting the pardon of McIntyre. 
Among the petitioners were Hon. John Shane, district judge, who 
tried the case, all the officers of the court, the prosecuting witness, the 
jurors on the trial, and about two hundred and fifty citizens of Cedar 
county. After an examination of the evidence, I am satisfied of 
McIntyre’s guilt, but I find many circumstances connected with the 
case that are mitigating, and that up to the time of this charge, he 
had uniformly borne a good character. Ijhave no doubt that the ends 
of justice, under all the circumstances, will be fully satisfied by com¬ 
muting one year of his sentence. 

Martin Cade. December 20. Crime, aiding and assisting pris¬ 
oners to escape. Convicted at the March term of the Jefferson 
county district court. Sentence, three years in the penitentiary at Ft. 
Madison. Committed March 13, 1877. A petition requesting pardon 
was signed by about four hundred and fifty of the citizens of Jefferson 
county, including the entire bar at Fairfield, with one exception. I have 
also received letters from several of the prominent men of Fairfield in 
relation to the former good character of Cade. I am satisfied that he 
was guilty of a crime and ought to be punished, and therefore I could 
not grant him a pardon, but think his sentence somewhat severe, and 
have accordingly commuted it to one year. 


22 


REPORT OF PARDONS. 


[No. la. 


DIMINUTION OF TERM AT THE ADDITIONAL PENITENTIARY. 

In my biennial message I have adverted to the fact that the opinion 
at one time prevailed that the law of the code, allowing convicts a 
given number of days per month for good conduct, was applicable to 
the additional penitentiary; and accounts were kept of days earned, 
and prisoners were discharged at the close of their respective terms 
as diminished by such earned time. Being satisfied that this practice 
was unwarranted by law, I notified the warden, directing its discon¬ 
tinuance. I informed him, however, that I would grant commutation 
to those who had been led to suppose they had earned the same, for all 
time prior to May 5th, the date of my notification above referred to. 
In accordance with this determination, I issued pardons to forty-two 
prisoners, confined at the additional penitentiary, as follows : 

James Daugherty. July 9. Committed from Delaware county, 
November 2, 1876, for the term of nine months. Pardoned twenty- 
four days before the expiration of term. 

Henry Mitchell. July 9. Committed from Benton county, Octo¬ 
ber 14, 1876, for the crime of larceny, for the term of nine months. 
Pardoned five days before expiration of term. 

Antone Myers. July 11. Committed from Dubuque county, De¬ 
cember 8, 1876, for the crime of larceny, for the term of eight months. 
Pardoned twenty-six days before the expiration of term. 

Daniel McCarl. July 23. Committed from Scott county, May 
13, 1875, for the crime of conspiracy, for the term of two and one-half 
years. Pardoned one hundred and fourteen days before the expiration 
of term. 

George Farrell. July 23. Committed from Scott county, May 
13, 1875, for the crime of larceny, for the term of two and one-half 
years. Pardoned one hundred and fourteen days before the expiration 
of the term. 

Charles Rogers. July 27. Committed from Jones county, De¬ 
cember 23, 1876, for the crime of larceny, for eight months. Pardoned 
twenty-six days before the expiration of term. 

Henry Wright. August 22. Committed from Cerro Gordo county, 
February 27, 1877, for the term of six months for the crime of larceny, 
Pardoned three days before the expiration of term. 

Edwin Barlow. August 24. Committed from Dubuque county 


1877.] 


REPORT OF PARDONS. 


23 

December 8, 1876, for the term of nine months, for the crime of lar¬ 
ceny. Pardoned fifteen days before the expiration of term. 

Charles Perry. August 27. Committed from Buchanan county, 
March 30, 1877, for the term of five months, for the crime of larceny. 
Pardoned one day before the expiration of term. 

Harry Jennings. September 11. Committed from Tama county, 
September 26, 1876, for the term of one year, for the crime of burglary. 
Pardoned nineteen days before the expiration of term. 

John Whaley. September 13. Committed from Tama county, 
September 28, 1874, for the term of three years, for the crime of lar¬ 
ceny. Released twelve days before the expiration of term. 

E. F. Letson. September 13. Committed from Tama county, Oc¬ 
tober 2, 1875, for the term of two years, for the crime of forgery. Par¬ 
doned sixteen days before the expiration of term. 

James Strohl. September 13. Committed from Buchanan county 
October 7, 1876, for the term of one year, for the crime of larceny # 
Pardoned twenty-one days before the expiration of term. 

Martin - Haley. September 15. Committed from Clinton county 
March 19, 1877, for the term of six months, for the crime of robbery. 
Pardoned one day before the expiration of term. 

William McLaughlin. September 15.. Committed from Clinton 
county March 19, 1877, for the term of six months, for the crime of 
robbery. Pardoned two days before the expiration of term. 

Horatius Pond September 15. Committed from ^uchanan county 
October 7, 1876, for the term of one year, for the crime of larceny. 
Pardoned nineteen days before the expiration of term. 

Loyd Porter. September 22. Committed from Scott county 
October 16, 1876, for the term of one year, for the crime of breaking 
and entering. Pardoned twenty days before the expiration of term. 

William Webb. September 25. Committed from Scott county 
October 16, 1876, for the term of one year, for the crime of breaking 
and entering. Pardoned nineteen days before expiration of term. 

Arthur S. Brownell. October 2. Committed from Scott county 
October 23, 1876, for the term of one year, for the crime of forgery. 
Pardoned eighteen days before expiration of term. 

Lucins Cornell. October 2. Committed from Black Hawk county 
October 23, 1S76, for the term of one year, for the crime of assisting 
prisoners to escape. Pardoned eighteen days before the expiration of 
term. 

William Burke. October 4. Committed from Black Hawk county, 


24 


REPORT OF PARDONS. 


[No. la. 


October 23, 1876, for the term of one year, for the crime of assisting a 
prisoner to escape. Pardoned sixteen days before the expiration of 
term. 

George Nelson. October 4. Committed from Black Hawk county, 
October 23, 1876, for the term of one year,'for the crime of assisting a 
prisoner to escape. Pardoned sixteen days before the expiration of 
term. 

Joseph Shearer. October 10. Commited from Johnson county, 
January 22, 1875, for the term of three years, for the crime of grand 
larceny. Pardoned one hundred and two days before the expiration of 
term. 

John II. Shelby. October 10. Committed from Johnson county, 
January 22, 1875, for the term of three years, for the crime of grand 
larceny. Pardoned one hundred and two days before the expiration of 
term. 

Thomas McNamee. October 10. Committed from Johnson county, 
January 22, 1875, for the term of three years, for the crime of grand 
larceny. Pardoned one hundred and two days before the expiration of 
term. 

Jesse Wood. October 15. Committed from Black Hawk county, 
April 18, 1877, for the term of six months, for the crime of larceny. 
Pardoned one day before the expiration of term. 

George Williams. November 3. Committed from Clinton county, 
November 21, 1876, for the term of one year, for the crime of larceny. 
Pardoned eighteen days before the expiration of term. 

Louisa Miller. November 5. Committed from Clinton county, 
November 23, 1876, for the term of one year, for the crime of larceny. 
Pardoned fifteen days before the expiration of term. 

Joseph IIoyne. November 7. Committed from Dubuque county, 
November 25, 1876, for the term of one year, for the crime of larceny. 
Pardoned fifteen days before the expiration of term. 

Charles Mueller. November 7. Committed from Dubuque 
county, November 26, 1876, for the term of one year, for the crime of 
larceny. Pardoned fifteen days before the expiration of term. 

Robert Palm. November 15. Committed from Johnson county, 
January 13, 1876, for the term of two years, for the crime of larceny. 
Pardoned fifty-seven days before the expiration of term. 

L. Bencker. November 15. Committed from Allamakee county, 
December 1 , 1876, for the term of one year, for the crime of assault 
with intent to kill. Pardoned fourteen days before the expiration of 
term. 


1877.] 


REPORT OF PARDONS. 


25 


George Heurst. November 22. Committed from Cedar county, 
December 11, 1876, for the term of one year, for the crime of larceny. 
Pardoned thirteen days before the expiration of term. 

W. D. Robertson. December 13. Committed from Delaware 
county, March 5, 1877, for the term of nine months, for the crime of 
larceny. Pardoned three days before the expiration of term. 

J. E. Parkhurst. December 24. Committed from Cerro Gordo 
county, February 22, 1876, for the term of two years, for the crime of 
obtaining money under false pretenses. Pardoned fifty-two days before 
the expiration of term. 

Patrick Flynn. December 26. Committed from Scott county, 
October 16, 1876, for the term of fifteen months, for the crime of 
larceny. Pardoned nineteen days before the expiration of term. 

John Green. December 26. Committed from Buchanan county, 
March 30, 1877, for the term of nine months, for the crime of larceny. 
Pardoned one day before the expiration of term. 

Samuel H. Berry. December 26. Committed from Buchanan 
county, March 30, 1877, for the term of nine months, for the crime of 
forgery. Pardoned one day before the expiration of term. 

Frederick Gregory. January 3, 1878. Committed from Black 
HaAvk county, October 23, 1876, for the term of fifteen months, for the 
crime of larceny. Pardoned nineteen days before the expiration of 
term. 

Orville Merrill. January 8, 1878. Committed from Linn county, 
November 13, 1874, for the term of two years, for the crime of grand 
larceny. He at one time escaped from prison, but subsequently re¬ 
turned voluntarily. Pardoned thirty days before the expiration of 
term. 

For the reasons set forth above, I commuted the sentences of the 
folk wing named prisoners, to take effect the number of days prior to 
the expiration of their terms, set opposite their names, respeectively :— 

Chester Mann, one day. 

A. B. Jones, six days. 

John Lang, eighteen days. 

E. H. Meyers, eighteen days. 

Thomas Simpson, eighteen days. 

Robert Irving, eighteen days. 

A. J. Nichols, eighteen days. 

Charles Miller, eighteen days. 

George McCann, eighteen days. 

4 


26 


REPORT OF PARDONS. 


[No. la. 


L. S. Bennett, eighteen days. 

Wallace Mayhew, forty-two days. 

Edward Scott, forty-two days. 

For the same reasons as set forth above, I pardoned six more prison¬ 
ers, whose names are given below. They had been originally commit¬ 
ted to the penitentiary at Ft. Madison, and thence transferred to that at 
Anamosa. In these cases, however, I allowed full diminution, the same 
as if the prisoners had remained at Ft. Madison:— 

James O’Donnell. July 9. Committed to the penitentiary of the 
state, from Scott county, February 24, 1876, for the crime of larceny, 
for the term of one and a half years, and thence transferred to the ad¬ 
ditional penitentiary, July 25, 1876. Pardoned forty-six days before 
the expiration of term. 

John Nelson. July 9. Committed to the penitentiary of the state, 
from Des Moines county, January 28, 1873, for five years, for the crime 
of breaking and entering, and was thence transferred to the additional 
penitentiary, May 13, 1873. Pardoned five months and twenty days 
before the expiration of term. 

George Campbell. July 30. Committed from Louisa county, Oc¬ 
tober 29, 1875, for the crime of larceny, for the teim of two years, and 
transferred to the additional penitentiary, July 25, 1876. Pardoned 
ninety days before the expiration of term. 

John Bates. August 9. Committed from Dallas county, November 
2, 1875, for the term of two years, for the crime of larceny, and trans¬ 
ferred to the additional penitentiary. Pardoned eighty-four days before 
the expiration of term. 

E. W. Ford. September 11. Committed from Marshall county, 
May 6, 1873, for the term of five years, for the crime of robbery, and 
transferred to the additional penitentiary. Pardoned two hundred 
and thirty-four days before the expiration of term. 

John Smith. December 13. Committed from Davis county, Octo¬ 
ber 5, 1875, for the term of two and one-half years, for the crime of lar¬ 
ceny, and transferred to the additional penitentiary. Pardoned one 
hundred and eleven days before the expiration of term. 



1877.] 


REPORT OF PARDONS. 


27 


REMISSIONS OF FINES AND FORFEITURES. 

FINES, 

February 8, 1876. Hubert Wynhoff. Bremer county, 1876. Pen¬ 
alty $50 and costs; amount remitted, $40, upon payment of costs and 
remainder of fine. 

February 14, 1876. Nicholas Bider. Cedar county, 1874. Penalty, 
$150 and costs; all remitted. 

April 20, 1876. James Gardner. Mills county, 1874. Penalty, 
$50 and costs; all remitted. 

April 29, 1876. Charles Grubb. Hardin county, 1873. Penalty, 
$100 and costs; amount remitted, $100. 

April 29, 1876. Squire Finley. Hardin county, 1873. Penalty, 
$100 and costs; amount remitted, $50. 

June 2, 1876. Mary J. Bowman. Polk county, 1876. Penalty, 
$200 and costs; all remitted. 

July 3, 1876. Henry Mitchell. Polk county, 1876. Penalty, $3,0 
and costs; all remitted. 

July 3, 1876. A. J. & Eliza Alderman. Black Hawk county. Pen¬ 
alty, $500, each, and costs; amount remitted, $250 of each fine. 

August 24, 1876. A. R. Houghton. Pottawattamie county. Pen¬ 
alty, $30 and costs; all remitted. 

November 23, 1876. R. T. Harbison. Warren county, 1876. Pen¬ 
alty, $400 and costs; amount remitted, $300. 

December 29, 1876. James Cameron. Guthrie county, 1876. Pen¬ 
alty, $200 and costs; amount remitted, $150, upon condition of the 
payment of the remainder of fine and costs. 

December 29, 1876. James Cameron. Guthrie county, 1876. Pen¬ 
alty, $100 and costs; all remitted upon payment of costs. 

April 18, 1877. Asa Redmond. Polk county, 1872. Penalty, 
$200 and costs; amount remitted, $140.55, upon payment of costs and 
$59.55 of fine. 

April 21, 1877. John Saunders. Bremer county, 1872. Penalty, 
$150 and costs; all remitted. 

July, 17, 1877. S. B. Campbell. Dallas county, 1876. Penalty, 
$300 and costs; amount remitted, $125. 

November 13, 1877. Robert Shields. Bremer county, 1871. Pen¬ 
alty, $50 and costs; all remitted. 


28 


REPORT OF PARDONS. 


[No. la. 


November 13/”1877. Robert Shields. Bremer county, 1871. Pen¬ 
alty, $10 and costs; all remitted. 

November 27, 1877. Matthew McCahill. Warren county, 1876. 
Penalty, $25 and costs; all remitted, upon condition of payment of 
costs. 

January 14, 1878. C. G. Adams. Poweshiek county, 1870. Pen¬ 
alty, $40 and costs; all remitted. 

January 14, 1878. C. G. Adams. Poweshiek county, 1870. Pen¬ 
alty, $50 and costs; Jail remitted. 

[ FORFEITURES. 

March 14, 1876. James Day. Wayne county, 1875. Forfeiture, 
$f00 and costs; amount remitted, $200. 

October 5, 1876. Josiah A. Harvey and William Kelsey. Forfeit¬ 
ure, $300 and costs; all remitted upon payment of costs. 

July 31, 1877. C.]W. Harcourt. Jasper county. Forfeiture, $800 
and costs; amount remitted, $370. 



1877.] 


REPORT OF PARDONS. 


29 


REVOCATION OF CONDITIONAL PARDON. 

Upon satisfactory evidence that Richard D. Arthur, conditionally 
pardoned by my predecessor, had grossly violated the letter of at least 
one of the conditions of his pardon, and was constantly violating the 
spirit of all of them, I, upon the twenty-sixth day of March last, in ac¬ 
cordance with the stipulations of the conditional pardon, revoked the 
same, and directed the sheriff of Winneshiek county, where Arthur 
was then to be found, forthwith to arrest him and take him to the 
penitentiary, which was accordingly done. I did not take this step 
without consideration and an inquiry into the practice in this state. I 
could find only one instance where violation of the conditions of a 
pardon had been established. In that case, Gov. Merrill revoked the 
pardon and ordered the prisoner to the penitentiary. A writ of habeas 
corpqs was sued out, and the cause argued with the effect to remand 
the prisoner. (I have since learned this case was elaborately argued ? 
and the whole question of the governor’s authoiity examined, before 
the conclusion I have mentioned was arrived at.), Soon after Arthur 
reached the penitentiary, he was brought before the judge of the first 
judicial district on a writ of habeas corpus; and after argument was 
released. Believing this was an erroneous determination, I requested 
the attorney-general, whose views coincided with my own, to take an 
appeal to the supreme court. This was accordingly done, and the case 
submitted at the December term. If the decision of the court below 
should be sustained, conditions attached to pardons will be practically 
worthless, unless additional legislation be had to provide for enforcing 
them. My observation satisfies me that in many cases where pardon 
is urged, the reasons assigned are of such a character that a pardon 
upon conditions that will test the thoroughness of the reformation a 
prisoner has undergone is the most desirable thing to be done, both for 
the prisoner and for society. 


J. G. NEWBOLD. 
































































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